Legal Question in Family Law in Maryland
separtion
how does one of us leave without hurting their legal rights to the house. The children are grown and gone
Asked on 7/06/07, 1:18 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: separtion
Separating will not affect your legal right to share in marital property, especially if it's by agreement with your spouse. Even if it isn't, if you are leaving because you can't get along with your spouse, you will retain your marital interest. However, if the remaining spouse becomes the sole contributor to the mortgage and upkeep on the property, he/she may be entitled to recover those expenses first from the sales proceeds when the house is sold.
Answered on 7/06/07, 2:26 pm